Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1887-11-25

opinion by the attorney general on the
construction Of sections 3, 4 and of the
act of March ,, 1887, as passed, ''to pro
vide for the adjustment of land grants
made to congress to aid in the construc-
tlon of railroads and for the forfeiture
of unearned land and other purposes"
is made public tonight. The opinion is
given IN reply to questions asked by the
secretary of the interior.
TIE OPINION IN SUBSTANCE
Is as follows: The first section of the
act named directs the adjustment of the
grants, the second provides for the res
toration of the title to the United States
where lands have been enormously certi-
fed or patented to the railroads, AMI the
third section is, "that if, in adjustment
of said grants, it shall appear that the
homestead or the presumption entry of
any bona-tide settler has been erroneous
ly Cancelled on account of any railroad
grant, or the withdrawal of the public
lands from the market, each settler upon
application shall be reinstated in all his
rights and allowed to perfec.
his entry by complying with
the public land laws; provided that he
has not located another claim or made an
entry in lieu of the one so enormously
cancelled, and provided, also that he did
not voluntarily abandoned said original
entry; and provided further, that if any
of said settlers do not renew their ap-
plication to be reinstated within a reas-
enable time, to be fixed by the secretary
of the interior, then all such unclaimed
lands shall be disposed of under the pub
lie land laws, with priority of the right
70, a. L
claimed lands if any, and if there be no
such purchaser, then to the bona-fide set
tiers thereon"
THE FIRST QUESTION.
The question submitted under this SEQ
tion was: "What class of purchasers is
referred to by the expression of bona
fde purchasers of said unclaimed
lands?" The rights of the
several classes of purchasers to the
lauds referred to in the section are sue
cessiye in the order stated therein. he
first in right is the homestead or pre-
emption settler, whose entry has been
wropgfully cancelled. If he elects to as
sert his right, and has not been dsquali-
fed by locating another claim, or making
another entry in lieu of that enormously
cancelled, his right is absolute, and the
successive rights of the remaining two
classes cannot attach if he lawfully as
serts his claim. If he fails to claim the
land, or is disqualified under the act, the
second class of persons, who are bona
fde purchasers of the land unclaimed by
him attached, and have precedents over
the third class,
The bona fide purchasers here referred
to are those who without knowledge of
wrong or error have purchased from the
railroad company lands which have been
previously entered by presumption or
homestead settler, whose entry has been
enormously cancelled, and which land
pre- emption or homestead settler did not
elect to claim after recovery by the pro-
ceeiings prescribed by the second section
of the act.
THE SECOND QUESTION.
The second question was: "Can the
department after the adjustment of the
grant issue patent to the purchaser of
such land before said land has been re-
conveyed by the road or the title recovered
by judicial proceedings?"
In reply to this the Attorney General
says: Until the lands shall have been
legally determined to belong to the
United States the right to issue patents
under the fourth section does not arise.
If the patents should issue under the
fourth section before the re-conveyance
or the judicial recovery under the second
andNhe proceedings should then be il
stituted to cancel the patent issued to
the railroad, in the case of decision ad
verse to the government, two patents
would be outstanding at the same time
for the same land.
THE THIRD QUESTION.
The third question was: "The fifth
section of the said act provides that where
railroad company has sold lands not
conveyed to, or for the use of such COM
pany, and where such lands are for any
reason excepted from operations of the
grant of said company, it shall be lawful
for the bona ide purchaser thereof from
said company to make payment to the
United states for said land, and there
upon patents shall be issued therefor to
said bona fde purchaser
The question submitted under this
section is whether the provision last
quoted is confined in its application to
lands within the primary granted limits
or whether it applies to lands within the
indemnity limits of which the company
had made selection, but which has not
been approved.
The attorney general says: "The first
section of the act in use of the word
grant must have necessarily included
both the primary and indemnity limits
in the adjustment, as it was doubtless
intended that the adjustment should be
full and final one. The protection afforded
and the redress granted the settler by
each of the sections is fully as important
in indemnity as in primary limits, in Or
der that the remedy may be adequate to
redress the wrong. The word grant"
in the fifth section, must be construed to
include, as it does in the preceding sec
tions, both primary and indemnity
limits. Upon receipt of the opinion
Secretay Lamar directed the commits
sioner-generaI of the land Office to pro-
ceed at once and with as much dispatch
as possible to adjust all the land grants
under the act of March 3.
Changes to be Made in the Wisconsin Mail Ser
vice.
WASHINGTON, Nov. pa number of